Agenda item

Planning Reference – 230246

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Planning Officer:  Laura Robertson

 The Committee had before it a report by the Chief Officer – Strategic Place Planning, which recommended:-

That the application for Detailed Planning Permission for the change of use from office to student accommodation (sui generis) including refurbishment and replacement of windows, alterations of vents and associated works, at 259 Union Street Aberdeen, be approved conditionally subject to a legal agreement.

Conditions

(01)  Duration of Permission

The development to which this notice relates must be begun not later than the expiration of 3 years beginning with the date of this notice. If development has not begun at the expiration of the 3-year period, the planning permission lapses.

Reason - in accordance with section 58 (duration of planning permission) of the 1997 act.

(02)  Management Plan

That no part of the development hereby approved shall be occupied unless a management plan has been submitted and approved in writing by the planning authority and shall be fully implemented thereafter.

Reason: In the interests of ensuring the provision of adequate amenity for all residents.

(03)  Noise Mitigation Measures

That the development hereby approved shall not be occupied unless the noise mitigation measures have been installed in accordance with the conclusions and recommendations set out in the approved Noise Impact Assessment (The Airshed, AS 0820 06, dated 22 May 2023) and evidence of this installation has been provided to, and agreed in writing by, the Planning Authority. For avoidance of doubt this should include the following:

(a)          provision of MVHR to the units on the Union Street elevation as a minimum and application of mitigation achieving the required sound reduction detailed within the section ‘Proposed Mitigation for Road traffic Noise’ and table 5 of the report namely; windows 44dB Rwi and NO trickle ventilation.  Or in the absence of MVHR system, the application of mitigation achieving the required sound reduction detailed within the section ‘Proposed Mitigation for Road traffic Noise’ and table 5 of the report namely; Trickle vents 45dB Dn,e. (in the open position) and windows 47dB Rwi.  NB- where alternative mechanical ventilation is to be installed the noise level emissions from such equipment should comply with NR25 Night-time and NR 30 daytime within the proposed units.

(b)          Application of mitigation detailed within the section ‘Proposed Mitigation Measures for Fixed Plant’, table 6.2 and Appendix 6 of the report, namely, the scheme of window and ventilation measures to the various rooms on the rear elevation aligning with corresponding acoustic performance specified;

(c)          Application of mitigation detailed within the section ‘Proposed Mitigation Measures for Airborne Sound (music)’ and Appendix 1 of the report, namely, upgraded floor between the restaurant and the apartments to increase the mass of the floor to >180kg/m3 using the combination of materials and techniques specified therein.

Reason: to protect residents from unacceptable levels of noise.

(04)  Bin Store

That the development hereby approved student accommodation shall not be occupied unless the bin store shown on approved drawings 4078_108b (Proposed Bin Store Details), or similar as may be agreed in writing with the Planning Authority, has been formed in accordance with the approved details and the necessary bins provided within it.

Reason: To ensure a satisfactory means for the storage and collection of waste.

(05)  Cycle store

That the development hereby approved shall not be occupied unless the cycle store shown on approved drawing 3954 100 B (Proposed Basement and Ground Floor Plans) or similar as may be agreed in writing with the Planning Authority, has been formed in accordance with the approved details.

Reason: To encourage the use of sustainable and active modes of travel.

(06)  Student accommodation use only

That the development hereby approved shall be occupied by students only. In this case students are defined as those persons attending higher education institutions within the City of Aberdeen.

Reason: The development is not suitable in planning terms for use as permanent, mainstream residential accommodation due to the inadequate level of amenity that would be afforded to residents as a result of the small floor areas of units which are acceptable, on balance, as short term accommodation. Furthermore, the developer obligations and affordable housing requirements for the development have been calculated on the basis of students occupying the development and would need reassessed in the event of any future occupation of the development by persons not in higher education.

(07)  Communal Facilities

That none of the units hereby approved shall be occupied unless the common room which forms part of the approved development has been completed and is available for use by all residents.

Reason: In the interests of ensuring the provision of adequate amenity for all residents.

The Committee heard from Laura Robertson, Senior Planner, who spoke in furtherance of the application and answered questions from Members.

The Committee then heard from Baxter Allan, agent for the application, who spoke in support of the application and answered questions from Members.

The Committee resolved:-

to approve the application conditionally subject to a legal agreement.